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Problem solving questions

Imagine you have finished your Law degree and you are a law graduate working in a general law practice in UK. I am your principal and I come into your office to see you. I tell you that I would like to prepare a short paper on the law governing mobile telephone use while driving in Western Australia. It will be displayed on the firm’s website as a general legal information sheet to be read by clients and others who may have an interest in our firm.

Use the following questions to guide you in your research:

Where is the Western Australian law restricting mobile telephone use while driving located? When was it inserted into the relevant statute? What sorts of materials have guided the formulation of that section? (Hint: have a look at Commonwealth ‘model laws’, Commonwealth statutory bodies’ discussion papers etc). In this part of your answer you should explain the WA law succinctly, and in your own words, so that a potential client could understand it.

Consider case law and secondary sources of information on mobile phone laws in Australia. Given the case law and other discussion on the subject, do you think the Western Australian provision is an effective way of dealing with the social problem of mobile use while driving? Briefly discuss why or why not.

In your opinion, would the following prosecution likely be successful or unsuccessful? Scenario: Mark is driving home from Murdoch University after a long day. He is thinking about a song that he likes, and that was recently played to US President Donald Trump during his visit with the French President – Daft Punk’s ‘Get Lucky’. His phone is the pocket of his puffer jacket, which he is wearing. He pulls over into a parking bay on the side of the road. With the engine running and the handbrake on, he pulls his phone out of his jacket pocket, accesses the Spotify app and starts to play Get Lucky on the car’s audio system via Bluetooth. A police officer on a motorbike pulls up beside him and charges him under the relevant law. Would your answer be any different if Mark had in fact answered a phone call from his girlfriend by giving a voice command to his audio system via Bluetooth?

Encyclopedias. For each ofthe following legal encyclopedias, identify the one paragraph that you consider to be most relevant to your topic.

Statutes. Are there any statutes that you will be discussing in your assignment? If so, list them here and include the section number(s) that are relevant to your topic. (If there aren’t any worth discussing in your assignment, don’t list any. You will be marked down for listing irrelevant sections.)

Cases. By searching Westlaw AU (by selecting ‘cases’) or CaseBase(on LexisNexis AU), or an alternative electronic source, find some relevant cases, read them, and then list the case that you think will be the most relevant for your topic. (List one only.)

(1)

Journal Articles. By searching CaseBase (on LexisNexis AU,using the Journals Search) or AGIS Plus Text, or any alternative electronic source, find some relevant journal articles, read them, and then list one journal article that you feel is the most relevant to your topic. (List one only.)

(1)

Monographs and other legal materials: i.e. books and Law Reform Commission reports and inquiries; reports by various government statutory bodies; Senate inquiries and reports; explanatory memoranda. By searching the library catalogue, or other databases or the internet more broadly, find a book or other report that includes material relevant to your topic. Read that material. Then write the bibliographical information for the book (or report) here. You can cite material that is published online. (List one book/Report only.)

I want you to do

Research

Upload me the reference from each of the reference style above and highlight the sentence which you think is suitable to use for the draft essay/relevant to question

draft the essay for me

I will upload sample of research and sample plan that you need to follow (format to this order).